McLaughlin v. Shaw
New York Supreme Court
Motion by the defendant for an order directing the clerk to enter final judgment dismissing the complaint and to tax costs in the sum of sixty-five dollars.
1Opinion of the CourtGtegerich, J.
The defendant heretofore moved for judgment on the pleadings, consisting of a complaint and demurrer, and his motion was granted. An order was entered sustaining the demurrer and dismissing the complaint, with ten dollars costs, with leave to the plaintiffs to amend, and directing that in case of their failure to serve an amended complaint and pay the costs so awarded ‘ ‘ the defendant have final judgment in his favor against the plaintiffs dismissing the complaint, with costs.” The costs were not paid, and no amended complaint was served within the time allowed in the order, and the…
2Cases cited3 opinions
- Taishoff v. ElkemaAppellate Division of the Supreme Court of the State of New York · 1916
- Kramer v. BarthAppellate Terms of the Supreme Court of New York · 1913
- Singer Manufacturing Co. v. Granite Spring Water Co.New York Supreme Court · 1910